(A) Written notice. Any person found to be violating any provision of Article I shall be served, by the city, with written notice stating the nature of the violation and providing a reasonable time limit for satisfactory correction thereof. The offender shall, within the period of time stated in the notice, permanently cease all violations.
(B) Revocation of permit. Any person violating any of the provisions of Article I shall be subject to termination of its authority to discharge sewage into the city system upon a determination pursuant to the terms of this article that such violation currently exists and is of a continuing nature.
(C) Misrepresentation; falsifying documents. Any user who knowingly makes any false statements, representations, or certifications in any application, record, report, plan, or other document filed or required to be maintained pursuant to Article I, or wastewater contribution permit, or who falsifies, tampers with, or knowingly renders inaccurate any monitoring device or method required under this article shall, upon conviction, be punished by a fine of not more than five thousand dollars ($5,000.00) per violation, per day, or imprisonment for not more than one (1) year, or both.
(D) Destruction of POTW. No person(s) shall maliciously, willfully, or negligently break, damage, destroy, uncover, deface, or tamper with any structure, appurtenance, or equipment which is part of the POTW. Any person(s) violating this provision shall be subject to immediate arrest under charge of disorderly conduct.
(E) Legal action. If any person discharges sewage, industrial wastes, or other wastes into the city’s wastewater disposal system contrary to the provisions of Article I, or any order or permit issued hereunder, the Superintendent may commence an action for appropriate legal and/or equitable relief if the appropriate court of its jurisdiction.
(F) Injunctive relief. Whenever any user has violated or continues to violate the provisions of Article I or permit or order issued hereunder, the Superintendent, through counsel, may petition the court for the issuance of a preliminary or permanent injunction, or both (as may be appropriate), which retrains or compels the activities on the part of the user. The Superintendent shall have such remedies to collect these fees as it has to collect other sewer service charges.
(G) Civil penalties.
(1) Any user who has violated or continues to violate the provisions of Article I or any order or permit issued hereunder, shall be liable to the Superintendent for a civil penalty of not more than one thousand dollars ($1,000.00), plus actual damages incurred by the POTW, per violation, per day, for as long as the violation continues. In addition to this penalty and damages, the city may recover reasonable attorney’s fees, court costs, and other expenses associated with the enforcement activities, including sampling and monitoring expenses.
(2) The city shall petition the court to impose, assess, and recover these sums. In determining the amount of liability, the court shall take into account all relevant circumstances, including, but not limited to, the extent of harm caused by the violation, the magnitude and duration, any economic benefit gained through the user’s violation, corrective actions by the user, the compliance history of the user, and any other factor as justice requires.
(H) Criminal prosecution.
(1) Any user who willfully or negligently violates any provision of Article I or any orders or permits issued hereunder shall, upon conviction, be guilty of a misdemeanor, punishable by a fine not to exceed five hundred dollars ($500.00) per violation, per day, or imprisonment for not more than one (1) year, or both.
(I) Administrative fines. Notwithstanding any other section of Article I, any user who is found to have violated any provision of this article, or permits and orders issued hereunder, shall be fined in an amount not to exceed one thousand dollars ($1,000.00) per violation. Each day the violation continues to exist shall be deemed a separate and distinct violation. The assessments may be added to the user’s next scheduled sewer service charge and the Superintendent shall have such other collection remedies as he has to collect other service charges. Unpaid charges, fines, and penalties shall constitute a lien against the individual user’s property. Industrial users desiring to dispute these fines must file a request for the Superintendent to reconsider the fine within ten (10) days of being notified of the fine. Where the Superintendent believes a request has merit, he shall convene a hearing in the matter within fifteen (15) days of receiving the request from the user.
(J) Liability. Any person violating any of the provisions of Article I shall become liable to the city for any expense, loss, or damage occasioned by the city’s wastewater treatment facilities by reason of the violation.
(Ord. 5-1996, passed 2-12-96)
(K) Any person violating the provisions of § 30.205 shall be fined a late payment penalty of ten percent (10%) of the sewer service charge bill. When any bill is more than twenty (20) days in default, water and/or sewer service to such premises shall be discontinued until the bill is paid.
(Ord. 4-1996, passed - -)
(L) Any person convicted of violating the provisions of § 30.229 shall thereafter be prohibited as a licensed raw sewage transporter. In addition, and not by way of limitation to other sanctions and penalties that may exist in law, for each violation of this section, a person shall be subject to a civil fine in the amount of five thousand dollars ($5,000.00). A violator shall also be responsible for any consequential damage caused by the unlawful act to the properties and assets of the city.
(Ord. 4-1995, passed 4-4-95)
(M) Any person violating the provisions of § 30.300 shall be guilty of a misdemeanor and shall be fined not more than two hundred fifty dollars ($250.00) nor imprisoned for more than ninety (90) days for each offense. Each day of non-compliance shall be considered a separate violation.
(Ord. 17-1990, passed 8-10-90)